Pharmaceutical companies and retailers have strong financial motivations to get their products on shelves as quickly as possible. However, in some instances, these drugs can have potentially dangerous side effects for consumers. When someone suffers injuries because of a defective drug in Florida, they may be able to recover financial compensation for the harm that they suffered.
Most defective drug lawsuits are a type of Florida product liability claim and brought under strict liability theories. In some cases, other approaches may be appropriate, depending on the type of drug that the patient took, the harm that they experienced, and the warning that the company provided. There are three main defective drug claims that a Florida patient may pursue against a pharmaceutical company or retailer: a defective manufacturing claim, an improperly marketed drug claim, or a dangerous side effect claim.
Defective manufacturing claims occur when a product is contaminated or otherwise tainted during production. Sometimes products will become contaminated during production at the facility; in other cases, a product may become compromised at some point between manufacture and when the patient receives the drug. Improper marketing claims arise when the pharmaceutical company uses inappropriate or inadequate warnings, instructions, or recommendations regarding the use of the product. These types of claims may incorporate various theories of liability. Finally, a dangerous side effects claim generally transpires after a patient suffers injuries because the company failed to reveal hazardous side effects appropriately. In some cases, the product’s dangerous propensity is not discovered until sometime after the product has been on the market; however, patients may allege that the company knew of the side effects but failed to warn the public. In some cases, companies will not issue a formal recall but will provide an enhanced warning. This does not always suffice, and the company may still be liable.
For example, according to a recent report, national retail chains have begun to suspend the sale of Zantac because there are rising concerns that this product and others containing the same key ingredient contain a cancerous property. According to reports, the FDA released findings that this and similar medications may contain an impurity. At this time, the FDA is not recommending that all consumers stop taking drugs containing the dangerous ingredient, but it advised pharmaceutical companies to retest their products to ensure that they meet acceptable levels. However, this warning may not be enough, and patients who suffer from the side effects of this dangerous drug may consider filing a lawsuit against the pharmaceutical company that continued to market an unsafe product.
Have You Suffered Injuries Because of a Dangerous Drug?
If you or a loved one suffered injuries because of a dangerous drug, you may be able to hold the pharmaceutical company or retailer responsible for your damages. The dedicated Florida defective drug attorneys at Friedman, Rodman & Frank, P.A. can help you understand your rights and remedies. Florida patients rely on their doctors’ recommendations and the good faith of pharmaceutical companies; however, unfortunately, this can sometimes have dangerous consequences. Pursuing claims against pharmaceutical companies requires a deep understanding of scientific principles. Our skilled Florida litigators have extensive experience handling these types of claims and have helped many victims get the compensation that they deserve. Compensation typically includes payments for medical bills, pain and suffering, and other economic and non-economic losses. Contact our office at 877-448-8585 to schedule a free initial consultation.